Pennsylvania Criminal Court Records

Pennsylvania criminal court records encompass official judicial documents that originate from, or are filed with, a Pennsylvania court in furtherance of a criminal proceeding. These records are vital for promoting due process in the state's legal system by ensuring that defendants receive fair treatment, are protected from arbitrary actions, and have a clear basis for appeals and the review of potential errors in their trial. Pennsylvania criminal court records also enhance the transparency of criminal proceedings, thereby fostering greater trust in the justice system.

The Pennsylvania judiciary serves as the official custodian of the state's criminal court records, maintaining accessibility through the clerks of court in the jurisdictions where the cases were tried. The clerks of courts provide access to these records in accordance with applicable state laws, notably the Pennsylvania Right to Know Law (RTKL).

Are Criminal Court Records Public in Pennsylvania?

Yes. The combined effect of the Pennsylvania Right to Know Law and Section 213.81, Title 204 of the Pennsylvania Code guarantees the availability of criminal court records to any member of the public, which includes individuals, businesses, non-profit organizations, and the media. Furthermore, record custodians are prohibited from demanding requesters to disclose the reason behind their inquiry before disseminating criminal case information.

However, regardless of the RTKL's favorability toward public disclosure, some information or records may be withheld by law or court order. For example, per Rule 212(B) of the Pennsylvania Code, unexecuted search warrants are not public information and are not included in public criminal case files. Other exempt records or information include

• Expunged criminal records
• Materials subject to attorney-client privilege
• The identity of confidential informants
• Social security, financial account, and State Identification (SID) numbers
• Addresses and contact information of abuse victims
• Medical/psychological records
• Information that presents a risk to an individual's personal security or privacy
• Information relating to the defendant obtained or maintained by a bail agency
• Certain juvenile criminal case files

What Criminal Court Records Contain in Pennsylvania

Pennsylvania criminal court case files encompass a wide range of documents and information maintained by a court, including

• Docket entries and indices
• Court filings (such as complaints, indictments, informations, and motions)
• Judicial orders, notices, and opinions
• Case outcomes (judgments, decrees, sentencing records)
• Post-trial documents (appeals and notices of appeals)

Pennsylvania Criminal Court Records Search

In Pennsylvania, criminal court records can be obtained in person from the clerk's office of the court where the case was heard. Requesters can approach the appropriate clerk of court during normal business hours and submit a clear, detailed description of the records sought to enable efficient retrieval. While oral requests are generally acceptable, a record custodian may require certain requests to be made in writing. Obtaining copies or certified versions of court documents usually requires a fee, which depends on the record type and the office responsible for maintaining it.

Researchers can also utilize available public computers at the clerks' offices to view criminal records. A case in point is the Adams County Clerk of Courts office which maintains two public computers for members of the public to search criminal cases dating back to 1986. Requesters are advised to visit the official website of the appropriate clerk of court for specific instructions on how to access criminal case files in their custody.

Lastly, members of the public can access Pennsylvania criminal court records remotely through the Unified Judicial System of Pennsylvania (UJS), regardless of the courthouse that heard the matter. This includes court opinions, cases of public interest, docket sheets, and other publicly available records. Individuals should note, however, that while the UJS portal generally grants access to criminal court case information, comprehensive criminal case files are not available to the public through this platform due to the restrictions imposed by the Electronic Case Records Public Access Policy.

Free Access to Criminal Court Records in Pennsylvania

Under the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania, clerks of courts are not permitted to charge fees for viewing records that are kept in the court facility. Furthermore, the Official RTKL Fee Schedule prohibits charges for specific forms of access, including in-person viewing, photographing of documents, and electronic delivery of records. For instance, online docket and case information searches through the UJS portal are available to requesters at no cost.

Requesters should note, however, that fees may be assessed for duplication and certification of criminal court case documents.

Sealing and Expungement of Criminal Court Records in Pennsylvania

In Pennsylvania, individuals can have their criminal court records cleared through mechanisms such as sealing and expungement. Sealing a record hides it from typical criminal background checks used for employment, housing, or public inquiries. However, the record still exists and remains accessible to certain parties, including criminal justice agencies and certain state licensing agencies.

In contrast, expungement completely erases a record, effectively destroying it in its entirety. Unlike sealed records, which remain accessible to certain parties, expunged records cannot be accessed by anyone, including law enforcement and the courts.

How to Seal Criminal Court Records in Pennsylvania

Sealing of criminal court records in Pennsylvania may be automatic or petition-based. If a record is sealed automatically, the record subject will not need to file a request to limit access, as the court will initiate the process on their behalf. Automatic record sealing is governed by the state's Clean Slate Law (Act 56 of 2018), which specifies the types of records eligible for automatic sealing, including

• Dropped criminal charges.
• Non-convictions.
• Summary and minor convictions (2nd and 3rd degree misdemeanors punishable by a two-year maximum in prison), provided the individual has remained crime or arrest-free for 10 consecutive years following the completion of their sentence.

Meanwhile, certain criminal court records that are not eligible for automatic sealing may meet the criteria for petition-based sealing under Act 5 of 2016. These generally include convictions that fall under non-violent 1st, 2nd, and 3rd degree misdemeanors or ungraded offenses punishable by less than five years in prison. Eligible individuals must wait 10 years after completion of their sentence, during which they must not have been arrested or prosecuted for any crime punishable by more than a year in prison before filing for record sealing.

Note: Certain 1st-degree misdemeanors are excluded from eligibility, particularly those involving violence, sexual offenses, or crimes against family members.

The process for obtaining petition-based record sealing generally involves

• Confirming eligibility for record sealing (preferably with the guidance of an attorney)
• Filing a Petition for Limited Access with the clerk of the courts in the jurisdiction where the case was heard (the content of the petition is laid down in Rule 791 (a) (2) of the Rules of Criminal Procedure)
• Obtaining a copy of the petitioner's Pennsylvania State Police criminal history report (to be attached to the petition)
• Filing the petition with the appropriate clerk of courts and concurrently serving the same on the attorney for the Commonwealth
• Attending a hearing, if scheduled
• Receiving the judge's decision; if granted, the record will be sealed

How to Expunge a Criminal Record in Pennsylvania

The general process for expunging a criminal court case record in Pennsylvania is as follows:

• Determine Eligibility: Withdrawn and dismissed charges are generally eligible for expungement. Records also subject to expungement include charges resulting in a not guilty verdict, as well as certain summary offenses, provided the sentence has been served and a five-year arrest or crime-free waiting period has passed. Applicants should consult with a qualified attorney to determine their eligibility.
• Complete and File an Expungement Petition: Applicants must file their petition for expungement in the Court of Common Pleas of the county where the case was originally heard. For summary offenses, violations, or infractions not subject to a jury trial, the correct filing is a Petition for Expungement under Pa.R.Crim.P. 490. For misdemeanors and felonies, applicants must instead use a Petition for Expungement under Pa.R.Crim.P. 790. A separate Court of Common Pleas - Petition for Expungement is required for expungement of a truancy conviction.

Individuals should contact the appropriate clerk of court for information on any other necessary documentation, particularly whether an Individual Access and Review is required.

• Attend the Hearing: Depending on the specific court and surrounding circumstances (such as if there is an objection), the court may or may not schedule a hearing. If a hearing is scheduled, the applicant is required to attend to answer some questions about their case.
• Obtain the Expungement Order: After reviewing the relevant factors, the judge will either grant or deny the expungement petition. If granted, the judge will issue and sign an Expungement Order, specifying which records are to be destroyed and directing the appropriate agencies to carry out the expungement.

Criminal Records in Pennsylvania vs Court Records

Pennsylvania criminal records, also called Criminal History Record Information (CHRI), refer to the official documentation created and maintained by law enforcement agencies, particularly the Pennsylvania State Police, that captures an individual's interactions with the criminal justice system. A CHRI includes information such as the subject's arrests, indictments, formal criminal charges, and case dispositions.

In contrast, a criminal court record is maintained by the clerk of the criminal court and documents the prosecutorial proceedings conducted in that court.

Requesting a Pennsylvania Criminal History Record

In Pennsylvania, criminal history record information is primarily maintained by the Pennsylvania State Police (PSP), although other criminal justice agencies are also responsible for ensuring the accuracy of these records in their custody. Per the state's Criminal History Information Act, criminal history record information can be disseminated to criminal justice agencies without charge and by the PSP to individuals and non-criminal justice agencies upon request. However, while criminal justice agencies have unfettered access to complete CHRI, the general public can only access summary-level CHRI in many cases.

How to Request a Pennsylvania State Background Check

Members of the public can request a criminal background check online through the Pennsylvania Access to Criminal History (PATCH) site or by completing form SP 4-164 and mailing it to

Pennsylvania State Police

Interested parties should follow these steps when requesting criminal history information from the PATCH site:

• Click "Submit a New Record Check."
• Accept the terms and conditions highlighted on the page.
• Select "individual request" or "company" if checking on behalf of a company.
• Fill out the online form for requestor information and click "next" to review the inputted information.
• Proceed to fill out the online record check request form and submit

A criminal background check attracts a $22 non-refundable fee per request and an additional $5 non-refundable fee for a notarized copy.

Meanwhile, individuals seeking access to their own records should submit form SP4-170 (Request for Individual Access and Review) via mail to the Pennsylvania State Police Central Repository. This process requires the submission of proper identification and a $20 fee.

Active vs Archived Criminal Cases in Pennsylvania

Active criminal court cases in Pennsylvania are those that are ongoing and still accessible through current court calendars and online dockets. In contrast, archived cases are no longer part of the court's active docket and generally do not appear in online portals or current courthouse files. Instead, they are preserved in the Pennsylvania State Archives, county archives such as the York County History Center, or other designated storage facilities.

Accessing archived criminal cases often requires written requests, longer processing times, and sometimes reservations or appointments.